Brookshire Grocery Co. v. Richey

HADDEN, Justice.

This is a malicious prosecution case. Appellant, Brookshire Grocery Company (“Brookshire”), appeals from a judgment awarding Appellee, Kelley Richey (“Richey”), $18,400.00 in actual damages and $18,400.00 in exemplary damages. In seventeen points of error, Brookshire challenges the legal and factual sufficiency of the evidence, the court’s charge, the exemplary damages award, and the award of pre-judgment interest. We will reverse and render.

On December 11, 1989, around 2:30 a.m., Richey entered a Brookshire Super 1 grocery store to purchase groceries. When he first entered…